722373-1859-GOVERNMENT-NOTIFICATION-NO-69 — Page 2

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Proceedings for en- forcement of Treaties, and of Rules and Regu lations for the obser-

vance thereof.

Proceedings for en-

forcement of Rules and Regulations other than those for the observance

thereof.

Revision of decisions

(fficers.

The Hongkong Government Gazette.

[JULY 30, 18:

until the same shall have been so affixed and exhibited for one calendar month in the public office of the t district within which the breach of such rules or regulations shall be alleged to have been committed: Pr always, that no rule or regulation to be hereafter made by any of Iler Majesty's Consuls, and to be enforce i penalty, shall take effect until it has been submitted and approved of by the Consul-General, and has thereupo printed, and a copy of the same has been affixed and exhibited as aforesaid for one calendar month, in the public.

the compl

of the Consular district.

V. And it is further ordered, that it shall be lawful for the Consul, upon information or upon any party, that a British subject has violated any of the stipulations of any Treaty between Her Majesty and the T of Japan, or has disregarded or infringed any of the rules and regulations for the observance of the stipulations such Treaty, affixed and exhibited according to the provisions of the next preceding Article of this Order, to sur before him the accused party, and to received evidence and examine witnesses as to the guilt or innocence of such in regard to the offence laid to his charge, and to award such penalty of fine or imprisonment to any party convi

offence against any such Treaty, or against any such rules and regulations which may be specified in any Treaty, or in any such rules and regulations; and any charge against a British subject for a breach of any Tra for a breach of the rules and regulations for the observance of any such Treaty, shall be heard and determined Consul without assessors: Provided always, that in no case shall the penalty to be attached to a breach of any rules and regulations exceed five hundred dollars, or three months' imprisonment.

any

VI.

And it is further ordered, that any charge against a British subject for a breach of any rules and regulat other than those relating to the observance of Treaties, shall in like manner be heard and determined by the Co and in all cases in which the penalty shall not exceed two hundred dollars, or one month's imprisonment, the C shall hear and determine the charge summarily, without the aid of assessors; but where the penalty attached: breach of any rules and regulations other than those relating to the observance of Treaties, shall amount to more two hundred dollars, or to imprisonment for more than one month, it shall be obligatory upon the Consul, befor shall proceed to hear the charge, to summon two British subjects of good repute, residing within his district, to with him as assessors, which assessors shall, however, have no authority to decide on the innocence or guilt of the p accused, or on the amount of fine or imprisonment to be awarded to him on conviction, but it shall rest with Consul to decide on the guilt or innocence of the party accused, and on the amount of fine or imprisonment to awarded to him: Provided always, that in no case shall the penalty to be attached to a breach of rules and regulat other than those for the observance of Treaties, exceed five hundred dollars, or three months' imprisonment; provided further, that in the event of the said assessors, or either of them, dissenting from the conviction of the accused, or from the penalty of fine or imprisonment awarded to him by the Consul, the Consul shall take a nor such dissent, with the grounds thereof, and shall require good and sufficient security for the appearance of the jor convicted, at a future time, in order to undergo his sentence or receive his discharge; and the Consul shall, w twenty days, report his decision, with all the particulars of the case, together with the dissent of the assessors or cl of them, and the grounds thereof, to Her Majesty's Principal Secretary of State for Foreign Affairs; and Her Majes Principal Secretary of State for Foreign Affairs shall have authority to confirm or vary, or reverse, the decision oft Consul, as to him may seem fit: Provided always, that if an appeal shall be entered against the decision of the Co no such report shall be made to Her Majesty's Secretary of State for Foreign Affairs on the ground of the dissem the assessors, or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.

VIL And it is further ordered, that in any question relating to the observance of Treaties, or of the rules of subordinate Consular regulations for the observance of Treaties, or of rules and regulations other than those for the observance of Treaties. report of any and every decision made by a subordinate Consular Officer, with or without the aid of assessors, shali! sent in to the superior Consular Officer of the district, and that on the receipt of such report, the superior Consu Officer of such district shall proceed, without assessors, to revise such decision as to him may seem fit, and such revisi shall have for the purposes of this Order, the same effect as if the case had been originally heard and determined i such superior Consular Officer, with or without the aid of assessors: Provided always, that in any case in which ti assessors or either of them shall dissent from a decision of a subordinate Consular Officer, such decision shall not subject to revision by the superior Consular Officer, but in the event of no appeal being entered as aforesaid, shall submitted to Her Majesty's Principal Secretary of State for Foreign Affairs for revision, in the same manner as if su decision had been originally made by the superior Consular Officer,

Appeal against con- victions for breach of Treaties or of Rules and regulations.

Proceedings against

any suc

VIII. And it is further ordered, that any party tried and convicted before a Consul for a breach of any Trea between Her Majesty and the Tycoon of Japan, or for a breach of rules and regulations for the observance of Treaty, or for a breach of rules and regulations other than those relating to the observance of Treaties, may appea after sentence given by such Consul, to the Consul-General, who shall have power to confirm or vary, or reverse, suc sentence, as to Consul-General may seem fit, and to adjudge the expenses of such appeal, and from whose decisi there shall be no further appeal; and upon notice given of such appeal, which notice must be given to the Consul writing, signed by the party appealing within fifteen days after the conviction, the Consul shall be entitled to requis reasonable security from the party so appealing, which security shall, in part, consist of one or two sufficient suret to be approved by the Consul, to the intent that, if the Consul-General should confirin or vary the sentence passed i the Consul, the appellant shall submit to such sentence, and likewise pay what shall be adjudged by the Consul-Gene for expenses: Provided always, that the Consul shall forthwith report such appeal, and transmit a copy of the pr ceedings of such trial to the Consul General; and the party appealing against the sentence of the Consul shall b required to prosecute his appeal before the Consul-General within such time as shall be, by the Consul, with th approval of the Consul-General, assigned for the prosecution of such appeal; and if the party appealing shall n duly prosecute his appeal within such time as aforesaid, it shall be lawful for the Consul to enforce his sentence in th same manner as if such appeal had not been interposed.

IX. And it is further ordered, that if any party charged with an offence committed against such Treaties, or suc offenders escaping from rules and regulations as aforesaid, shall escape or remove from the Consular district within which his offence was cor one Consular district to mitted, and shall be found within another Consular district, it shall be lawful for the Consul within whose distric such party shall be found, to proceed against him in the same manner as if the offence bad been committed within suc last-mentioned district.

another,

Powers, plaintiffa.

Consuls empowered, X. And it is further ordered, that it shall be lawful for the Consul of the district within which the party sur subject to appeal, to shall be found, to hear and determine any suit of a civil nature against a British subject, arising within any part of th hear civil suits, in which dominions of the Tycoon of Japan, whether such suit be instituted by a subject of the Tycoon of Japan, or by a subje British subjects are de- fendant and Japanese, or citizen of a foreign State in amity with Her Majesty and if any party in such suit shall be dissatisfied with or subjects of other decision given by such Consul, it shall be lawful for such party, within fifteen days after such decision, to give to t

Consul notice of appeal to the Consul-General; whereupon the Consul shall, with as little delay as possible, transmit the documents which were produced before him, and none other, together with a statement of the grounds on whic he has formed his decision, to the Consul-General, and shall forthwith notify to the several parties the transmission thereof; and, saving the provision contained in Article XV of this Order, the Consul-General shall decide on sus documents and on such statement, and shail communicate his decision to the Consul, who shall forthwith proceed to carry the same into execution, and against such decision of the Consul-General there shall be no appeal: Provided always, that it shall be lawful for the Consul to require from any party appealing to the Consul-General reasonable security, which shall consist in part of one or two sufficient sureties to be approved by the Consul, that such party shall abide by the decision to be given by the said Consul-General,

Consuls empowered,

XI And it is further ordered, that it shall be lawful for the Consul of the district within which the party sued subject to appeal, to shall be found, in like manner to hear and determine any suit of a Civil nature arising within any part of the doniinions hear civil suits in which of the Tycoon of Japan, instituted by a British subject against a subject of the Tycoon of Japan, or against a subject British subjects are or citizen of a foreign State in amity with Her Majesty, provided the defendant in such suit shall consent to submit to plaintiffs and Japanese, or subjects of other his jurisdiction, and give sufficient security that he will abide by the decision of the Consul, or, in case of appeal, i Powers, defendants. that of the Consul-General, and will pay such expenses as the Consul or Consul-General shall adjudge; and if any party in such suit shall be dissatisfied with the decision given by such Consul, it shall be lawful for such party, within fifteen days after such decision, to give to the Consul notice of appeal to the Consul-General, and the proceedings in every such suit, or in any appeal arising therefrom, shall be conformable to and under the same conditions as the proceedings in a suit, or in an appeal arising therefrom, in which a British subject is defendant, and a subject of the Tycoon of Japan, or a subject or citizen of a foreign State in amity with Her Majesty, is plaintiff.

Consula empowered,

subject to appeal, in eer- tain casce, to hear civil suits between British Bubjects.

XII. And it is further ordered, that in the event of any suit of a Civil nature arising between British subjects within the dominions of the Tycoon of Japan, it shall be lawful, upon the application of any party to such suit, for the Consul of the district within which the party sued shall be found, to hear and determine such sait, subject to an appeal to the Supreme Court of the Colony of Hongkong; and every such appeal shall be made and con lucted in the same manner and form, and under the same conditions, as in cases in which the defendant only is a British subject.

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